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Accident with no insurance


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My friend had a serious motorbike accident, which resulted in him being in intensive care and on life support for 2 weeks. He has 8 broken bones and is in a wheelchair for the time being.

From what I understand the other driver was at fault..........BUT and I mean but, my friend had no insurance, mot......yes I know hes an idiot.

Is he able to claim or does he have to take his injuries as punishment and move on?

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If the other driver is completely at fault he can claim from their insurer.

 

The fact he wasn't at fault / suffered injuries won't stop him being prosecuted for no insurance.

 

Who has said the other driver was at fault?

Your friend? The police? The other driver's insurers?

 

It will become more complex if your friend is held to have been partly at fault, and if he is held fully to blame : he'll be in the same position as someone hit by an uninsured driver (except he'll still be liable to prosecution for the offence).

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Your friend should use Accident Solicitors to pursue the third party to claim anything they can. e.g bike damage, injuries and any other losses.

 

Your friend not having Insurance is only really an issue, if they were going to be claiming off their own Insurance. Obviously a legal requirement, but the lack of Insurance may not come up, if the claim is made directly against the third party.

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a friend of a friend who also gave an statement on scene. whatsort of punishment is he looking at for no insurance?

 

 

https://www.gov.uk/vehicle-insurance/driving-without-insurance

"Penalties for uninsured drivers:

If you’re caught driving a vehicle you’re not insured to drive, the police could give you a fixed penalty of £300 and 6 penalty points.

 

If the case goes to court you could get:

a maximum fine of £5,000, disqualified from driving"

 

An IN10 will also likely see their insurance premium heavily loaded.

Edited by BazzaS
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..BUT and I mean but, my friend had no insurance, mot.....

 

Picking up on the "no MOT" : again, he is liable for prosecution.

If his bike was roadworthy, the lack of an MOT shouldn't stop him claiming.

 

However, what if the other driver's insurers claim that his bike not bring roadworthy contributed to or caused the accident?

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yeah,if the other drivers insurers know he wasnt insured,no mot etc,they will be looking for your friend to pay the damage to their insured vehicle as well as any fines the police give him,as bazza says if the other driver is competely at fault for the accident he might be paying out less but thats all,hes certainly not gonna walk away from it

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yeah,if the other drivers insurers know he wasnt insured,no mot etc,they will be looking for your friend to pay the damage to their insured vehicle as well as any fines the police give him,as bazza says if the other driver is competely at fault for the accident he might be paying out less but thats all,hes certainly not gonna walk away from it

 

Does not work that way.

 

If someone is injured as a result of someone elses negligence, then regardless of whether that individual was insured or did not have an MOT, it does not preclude them from making a personal injury claim, regardless of any prosecution that may occur at a later date which is a seperate issue.

 

What the third party may do is try and claim contributory negligence on the basis that if there was no MOT then it was in a non roadworthy condition, but the third party then has to prove that the lack of MOT and therefore the condition of the bike contributed to the cause of the crash.

 

So, it should not affect the value to the personal injury claim, what it will affect is the valuation they place on the bike as it will be substantially lower than a bike with a current MOT.

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Many years ago, unknown to us, our daughter who did not have any type of driving licence was using a scooter to get to work. A car jumped a stop sign and she collided with the car injuring herself quite badly leaving permanent scars. Third party paid out for her claim which was quite substantial.

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